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Simon Chapman AO

~ Public health, memoirs, music

Simon Chapman AO

Tag Archives: smoking

Australia takes off the gloves on illegal tobacco while ‘lower the tax’ fantasists plumb new absurdities

09 Tuesday Dec 2025

Posted by Simon Chapman AO in Blog

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Tags

news, smoking, vaping, wastewater

Australia’s epidemic of illicit (untaxed) cheap cigarette shops is entering a new phase as Australian Border Force reports record seizures and three states (South Australia, Queensland and New South Wales) have taken off the kid gloves and are now hammering illegal tobacco retailers.

Australian Border force data show “From 1 July 2024 to 30 June 2025, the ABF made 23,097 illicit tobacco detections, seizing 2.53 billion cigarette sticks and 435.46 tonnes of loose-leaf tobacco. This equates to a total of over 2,091 tonnes of illicit tobacco products seized and prevented an estimated $4.36 billion in duty evaded across the financial year.”  In the first quarter of the 2025/2026 financial year, a further “586 million cigarettes and over 3 million vapes have already been seized at the Australian border in the first quarter of this financial year (1 July – 30 September)”.

Queensland has recently introduced fines of up to $161,300 or one year jail for a commercial landlord who knowingly allows a tenant to sell illegal cigarettes and vapes. Its store closure powers are now 3 months, up from a mere 72 hours, once commonly referred to as “the tobacconists’ long weekend”. The Health and Ambulance Services Minister Tim Nicholls describes the new laws as “an absolute game changer“.

South Australia has now closed 100 shops for 28 days, with two closed for much longer with another eight  before the courts  facing long term closure and massive fines; seized 41 million cigarettes (2.05 million packs); and 140,000 vapes.

NSW Health began getting serious when legislation enabling on the spot 90 day closures, stock seizures, landlord fines and serious maximum on-the-spot fines ($1.54m) came into effect from the first week in November. The Department updates its register of busts each Friday, with the current list now at 40 closures.

In early December raids on homes and storage facilities saw arrests and seizures of 10 tonnes of illegal tobacco.

Western Australia and Victoria which have historically been on the national podium for their early adoption of most tobacco control laws and regulations but look certain to get the booby prize on this issue, both still playing catch-up with other states .

For as long as governments have taxed tobacco, tobacco companies have lobbied for the taxes to be frozen or reduced. For over 40 years they have had day-by-day, shop-by-shop, brand-by brand data on the sales impact of every variable know to reduce or increase cigarette sales. Significantly here, tax increases have always been in the industry’s crosshairs because they depress sales.

Sweet spot tax fantasies

It’s been standard for several years now for those in lockstep with Big Tobacco’s calls for lowering tobacco tax to call for a halt to rises and to make allusions to tobacco excise tax actually falling.  Deakin University criminologist James Martin has been in the forefront of these calls for Australia’s tobacco tax to be lowered but until quite recently had been too shy to give us all his expert figure on a new “sweet spot” for a tax reduction. This would be the point  where many smokers would abandon buying cheap illicits and go back to paying for legal taxed cigarettes.

Today, if you buy a carton illegal cigarettes, you can get them for as low as $7 a pack of 20. A common range for a single pack is $10-$15.  Martin and Alex Wodak dodged naming a tax rate in July 2025 in a Crikey piece when vaguely urging “reducing tobacco excise to undercut the illicit trade”.  Something called “Harm Reduction Australia” published an unsigned Tobacco Harm Reduction Policy Brief , presumably covered with the fingerprints of its tobacco harm reduction advisors, Wodak and Martin. They suggested that the tax be reduced to the level it was in 2020. In this August 2025 blog, I did the maths, and  generously took the hypothetical cuts even further back to 2019 tax levels to see how things tasted.

If this occurred today, the retail price of a reduced tax pack would  fall to some $22, still $7 or 47% more than a pack of $15 illegals or $15 more than the $7 a pack when buying by the carton price.

So on what planet would anyone be living on who seriously thought such a tax reduction would see droves of smokers rush back to the newly reduced tax legal cigarettes?

Eliminate tobacco tax … to get more smokers buying taxed tobacco!

This ludicrous penny may well have finally dropped for Martin when in November he was publicly quoted in the Singapore Straits Times that “taxes would need to be significantly lowered and even eliminated to discourage criminals from operating a black market.” [my emphasis]. Eliminated. Now how would this work?

Let’s walk through his brilliance.

So … the government has a problem that it’s losing lots of tax revenue because many smokers are buying illegal untaxed cigarettes. To fix this, Martin suggests that the government should consider dropping all tobacco tax.  If it did this, there would of course be no tobacco tax to collect, but, hey, these now (legal) untaxed cigarettes  would be competitive with (illegal) untaxed cigarettes and the black market would be “discouraged”. All following this?

But wait… with the newly tax-free legal cigarettes, where would the government get the extra river of gold of tobacco tax revenue from that it desperately needs, since it would have just eliminated it all? Whoops!

Enter the Davidson

The latest player to step forward into this mess is Professor Sinclair Davidson from Victoria’s RMIT.  Davidson, an adjunct ‘fellow’ at regulation-scything Institute of Public Affairs has been an anti tobacco control warrior for sometime via his now defunct Catallaxy Files blog and his four time participation in Big Tobacco’s annual invitation-only global shindig, the Global Tobacco and  Nicotine Forum.

In a paper for the Centre for Independent Studies, Davidson is also shy of telling us what his tobacco tax cut/illegal tobacco ending magic number is. All he’s willing to say is that it would be “stabilised within an economically defensible range”. And that would be?

Google Scholar shows Davidson has had 320 publications since 1991, 134 (42%) of which are uncited. Six of these are about tobacco, which have attracted all of 26 cites.  That’s his form in all this. Still, a 42% never-cited rate is a lot better than the 82% rate reported across the humanities.

Those lobbying hard to get governments to do something sensible to wreck Australia’s illegal tobacco and vapes market are in an unlikley choir that has never sung from the same hymn sheet before. It includes Treasury, the convenience store, tobacco and vaping industries, and public health.  All are very keen to see illicit tobacco trade fall dramatically. Treasury wants tobacco tax to grow, and the three industries want their tobacco sales revenue streams back. Public health and government want smoking to fall, and non-smokers (especially kids) to not buy vapes or tobacco, as they increasingly are failing to do.

Wastewater nicotine analysis: total nicotine is falling, not rising

Here, wastewater nicotine analysis offers a potential lever for the industry interests to pull in its lobbying for tax reduction. We have all seen illegal tobacco shops openly trading, and some think this must mean that more people are smoking to make this trade viable. But is it actually true that cheap illegal cigarettes are causing more people to take up smoking and less to quit? Or is it just moving lots of current smokers from legal sales outlets to much cheaper illegal ones?

Here, Davidson quotes from the National Wastewater Drug Monitoring Program’s (NWDMP) latest report for 2023-24 .They have been testing since 2016-17,  publishing data on nicotine found in wastewater (sewage) in testing sites serving 57% of the Australian population (14.5m) with both regional and capital city sampling.

The summary below from its latest report shows that between April and August 2024, population weighted nicotine consumption fell in both regional and capital city Australia. In fact this fall has been going on since August 2023: page 16 of the report states that while illegal tobacco and vape retailing was booming  “for nicotine, average consumption [across Australia] decreased between August 2023 and August 2024”  Although page 87 notes that “average capital city nicotine consumption then increased from August to October 2024”.

Contrast those words with Davidson’s at p6 of his report “Wastewater analysis reinforces this picture: between August 2023 and August 2024, aggregate consumption of nicotine rose to above long-term averages”. The NWDMP reports on “average consumption decreased” (ie population weighted) while Davidson says “aggregate consumption … rose” (ie total consumption unweighted for population growth).

Sorting different sources of nicotine

The NWDMP’s testing to estimate consumption of nicotine is done by measuring two nicotine metabolites, cotinine and hydroxycotinine. Their report notes on page 32 that this method “cannot distinguish between nicotine from tobacco, e-cigarettes, or nicotine replacement therapies such as patches and gums” and that “consumption of nicotine has increased over the life of the Program” (p59)

This is hardly surprising. Vaping in Australia rose substantially between 2019-2023 and in 2022-23, 233,544 PBS prescriptions were issued for nicotine replacement therapy (NRT), some 43% of the estimated NRT market (a majority of which is over-the- counter sales in pharmacies and supermarkets). So together with nicotine from vapes, this NRT sourced nicotine represents a river of excreted nicotine  in the sum of total nicotine in Australian sewage systems, a point acknowledged by Davidson.

Emerging science points to possibilities of testing wastewater to get separate estimates for total nicotine (cigarettes, vapes and NRT combined) including that only from cigarette use. Anabasine and anatabine are minor alkaloids found in tobacco but are absent in NRT. However anabasine is present not just in cigarettes but also in e-liquids and aerosols. So challenges remain to test for estimates of only tobacco use (leaving out NRT and vaping nicotine exposure).

This is an  area of science very much in its infancy, with the take-home message being that we all need to remain sceptically alert to crude claims that “wastewater” analysis is showing changes one way or the other in tobacco smoking.

Those in Australia who have collectively decades of experience in monitoring and interpreting different data sets on tobacco use, repeatedly  emphasise that longer term data from multiple sources including survey data are essential in getting a true picture of trends. Prof Coral Gartner from the University of Queensland said that “All data, including that from wastewater, has limitations and errors, including seasonal effects. What may look like an increase in one data collection can become just ‘noise’ when further data points are added.”

If you search “wastewater and nicotine” for Australia, stand by for reports on the latest NWDMP data that variously describe nicotine as being up or down. Those catastrophising the possibility that smoking will be certain to rise in the presence of cheap illegal cigarettes can take nothing definitive from the latest wastewater statistics. But with those who collect and interpret it saying that total nicotine is down across the country, those saying it is up need to explain themselves.

Egg on some faces: statisticians at 10 paces on the impact of New Zealand’s vape laws on youth smoking

28 Thursday Aug 2025

Posted by Simon Chapman AO in Blog

≈ 1 Comment

Tags

confirmation-bias, health, new-zealand, smoking, vaping

Source: Sergey Vinagradov- Unsplash

Modern vaping theology venerates New Zealand’s “regulated vaping market model”  as the way all nations should go if they want to reduce smoking. Its doctrinaire, excitable adherents feverishly point to unparalleled recent declines in smoking prevalence in all adults, in Māori adults (who smoke much more than the general population) and in youth. These declines are said to have followed the advent and rise in vaping and New Zealand’s Nov 2020 regulation of vapes which allowed them to be legally sold from dedicated vape stores and ‘dairies’(small, owner-operated convenience stores selling groceries, milk and other essentials, often outside of regular business hours).

As I noted in an earlier blog, the UK, USA and Canada also have highly liberal vape access policies (regulated market models) but comparable or higher smoking prevalence than Australia, which has far more restricted vape access legislation. Vaping advocates like to cherry pick New Zealand to provide a comparison with Australia  compatible with their previous outspoken advocacy for regulated  market models.

The evidence being used here is cross-sectional (ie: annual school surveys of around half of all New Zealand year 10 –14-15yo students) from 2014-2019.2015 was the first year that  the survey asked questions about vaping frequency, enabling reporting on daily vaping. The graph below shows a 0.7% absolute decline and a 25% relative fall in daily smoking  between 2014 and 2019, while daily vaping rose between 2015-2019 from 1.1% to 3.1% (2% absolute and 65% relative increases).

Source

Every first semester biostats student has it drilled into them that cross-sectional data cannot be used to draw causal conclusions. When I edited Tobacco Control across 17 years, this criticism was probably that most commonly made by reviewers of papers which used post hoc ergo propter hoc (after therefore because of) reasoning with cross-sectional data. The 2020 paper’s authors were therefore wise to use “suggests …might” when they concluded “…overall decline in smoking over the past 6 years in New Zealand youth suggests that e-cigarettes might be displacing smoking”.

But many vaping advocates aren’t typically  bothered  by the sublimation  of associations into causal language conclusions when it suits their agenda. An analysis  of submissions to the New Zealand Parliament’s Health Select Committee considering a 2020 Bill which regulated the sale and marketing of e-cigarettes, found that the 2020 paper was the most frequently cited evidence used to try and influence the Committee, including by  British American Tobacco.  Those fervidly embracing the paper who are determined to preserve, strengthen and evangelically promote New Zealand’s experience internationally would have hardly complained if associations morphed into causes when the rubber met the road of political, media treatment and public understanding tests.

But , whoa! Hold the horses!

Sensing there were problems with the paper, Sam Egger from Cancer Council NSW led a paper that took a deeper dive into an expanded data set from 1999-2023 noting that the 2020 paper had only looked at 2014-2019 data and that 2014 was “years after vaping had established a notable presence in New Zealand. Importantly, the analysis did not assess whether smoking trends changed before and after shifts in vaping prevalence, an essential requirement for evaluating the population-level impacts of vaping on smoking.”

In other words, the 2020 paper had not considered the question of whether the remarkable decline in youth smoking which started well before the appearance and proliferation of vaping in youth (see chart below), accelerated with the arrival of vapes in about 2010 and then their rapid uptake after 2019 (with the latter, it of course could not have done this, having 2019 data as its endpoint).

This was a very basic omission, and one that amounted to seriously narrowing the evidence goalposts in the exercise of assessing vaping’s possible role in influencing trends in smoking by 14 and 15 year olds. The question about ever vaping was added to the school survey in 2014, with daily vaping added a year later. This start of these questions would not have been a capricious choice but one that almost certainly would have reflected common observational ‘knowledge’ of youth vaping increasing, perhaps over several years prior to 2014 when it was first counted. ASH, which is responsible for the annual surveys since 1999 (see graph below), clearly knew youth smoking had  been in freefall since at least 1999 so that factors other than vaping were in play.

Source:

In their no stone unturned paper using  interrupted time series analysis they concluded “In stark contrast to the conclusion of the previous study, we found that among 14-15 year-olds, the emergence and rapid rise in vaping in New Zealand may have slowed the rates if decline in ever- and regular smoking, while having little or no impact on the rate of decline in daily smoking.”

In a commentary in  The Conversation, they noted “the rates of decline in ‘ever smoking’ and ‘smoking regularly’ slowed significantly from 2010 onwards, coinciding with the emergence of vaping in New Zealand. The rate of decline in daily smoking did not change significantly from 2010 onwards.

In 2023, about 12.6% of 14 and 15-year-olds in New Zealand had ‘ever smoked’ (ranging from just a few puffs to smoking daily). However, if the ‘ever smoking’ rate had continued along its pre-2010 trajectory (before vaping emerged) this figure would have been 6.6%.”

So there was now plenty of heat in this particular data analytic kitchen. But  then a blowtorch arrived with an apparently blistering critique of what the Egger authors had done. Four authors from the University of Queensland gave the Egger group both barrels with a three point shellacking that essentially went  “here’s what you did, and here’s what you should have done … so your conclusions are unsound”. Read it all in the link.

But channelling Crocodile Dundee (“THAT’s not a knife … THIS is a knife”) the Egger group then  rapidly returned serve, eviscerating the Queensland group’s critique point-by-point. Again, read it for yourself.

All this will have been read by a small number of people who closely follow these debates. And will have been understood by an even smaller number who are highly trained in analysis of trend data.

But one thing is absolutely certain, the veteran nag confirmation bias will yet again get a good run around the block. Those who like the conclusions of the 2020 paper will keep megaphoning them without mentioning the Egger group’s very contrasting findings. Criminologists have a term for this: the ‘woozle effect’ where studies with flawed conclusions that have been discredited continue to be referenced, as though those conclusions still offer credible evidence. 

I published a paper in 2009 on citation bias, which is the selective citation of published results to support the findings, arguments or interests of authors and those funding their work.  Our paper showed that a very old (1982) and small study (n=24) showing extremely high smoking prevalence in people with schizophrenia (88%), had been massively cited in preference to many more recent and larger studies which showed far lower smoking by those with schizophrenia. News media commonly referred to smoking rates in those with schizophrenia as “as high as 90%” when a meta-analysis of 42 studies found average smoking prevalence to be 62%, much higher than the general population but nowhere near 90%.

Lowering tobacco tax to make illegal tobacco sales “disappear overnight”: at last we have a proposed figure and it’s an absolute doozie

07 Thursday Aug 2025

Posted by Simon Chapman AO in Blog

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Tags

health, illicit-tobacco, politics, smoking, tobacco-tax, vaping

[updated 9 Aug 2025; 8 Nov 2025]

Australian smoking rates have never been lower in adults, school kids, low socio-economic groups, and First Nations people.  That’s a good thing, right? These outcomes represent the results of decades of policy reform and government campaigns. But these bottom lines mean little to fringe critics of Australia’s approach to tobacco control, who are licking their wounds after failing badly to stop the government from regulating vapes to allow then to be sold in as many retail situations as possible.

Then there those who passionately believe that expensive, highly taxed cigarettes are a cruel impost on low income earners. For several years, in pitch perfect unison with Big Tobacco which has lobbied for decades to keep tobacco tax low to sell more cigarettes, they argue that the government should lower tobacco tax to make it easier for them to afford to smoke. Could there be any more truly perverse way to help the poor?

Illicit tobacco has been widely available in Australia for over 25 years, long before the significant rises in tobacco tax began in 2012.These critics also never mention the inconvenient truth that large black markets for tobacco exist in most countries, including those where tobacco tax is much lower than in Australia. So plainly, there is far more to understanding illicit tobacco markets than tax alone.

The widespread, blatant proliferation of duty-not-paid dirt cheap tobacco has excited these critics. Barely a week goes by when they are quoted on what the government needs to do, and “lowering” tobacco tax is always front and centre of the mantra.

But as I’ve noted before, it’s one thing to call for tax to be lowered, and quite another to draw on your expertise to help the Treasury know exactly where the magic sweet spot reduction should fall to make smokers who are now buying cheap illicits go back to duty-paid cigarettes. James Martin and Alex Wodak fudged naming a date or percent reduction in a Crikey  piece  when urging “reducing tobacco excise to undercut the illicit trade”. So OK gents, how much of a reduction are you talking about?

But all rejoice! The wait is now over!

In recent weeks, critics have put their hands up with several figures.  In June, Harm Reduction Australia published an unsigned Tobacco Harm Reduction Policy Brief , presumably with the fingerprints of its tobacco harm reduction advisors, Alex Wodak and James Martin.

The short document recommended this:

So there’s the level: lower the tax rate back five years to that we had in 2020. That will fix things, right?

Or we could go back another year to 2019 when tobacco tax was still lower. In a very uncharacteristic slip, ABC economics expert Alan Kohler, snuck this final line into an otherwise very sensible commentary on the black market:  “The other thing the federal government could do is reduce the tobacco excise back to what it was before 2019, which would lead to a huge increase in revenue.”  An increase presumably explained by droves of smokers abandoning illegal cigarettes for the newly competitively reduced-tax legal ones.

Or according to Kingsley Wheaton, Chief Corporate Officer for British American Tobacco, who flew out to Australia in June to talk about the “basic economics” of tobacco tax, this should involve a “reversion to the 2018 (tobacco tax) rate“.

And then we come to the really heavy duty ordinance, this time from Australian economist Steven Hamilton, a professor at George Washington University. Quoted in The Saturday Paper, in April “So my suggestion would be that there is one solution and one solution only, and it is to radically reduce the rate of tax on cigarettes. Take the tax rate on cigarettes back to where it was 10 years ago, make legal channels competitive, and the black market will disappear.”   Disappear! It’s that easy! Ten years ago – in 2015 – tobacco tax was $0.53096 and a packet of 20 budget cigarettes cost $24.28 (see table 13.3.3 here)

OK, so let’s take one of these named years – 2019 – and do the simple early high school arithmetic on how dropping tax back seven years would go in demolishing the black market.

In 2019, excise tax on cigarettes per stick was $0.81775  (in March) and $0.96653 (in September) —see Table 13.6.2 here.   This means that the tax component in 2019 of a pack of 20 was either $16.335 or $19.3306.  For retail price, we need to add GST and the manufacturers’ and retailers’ margins (see chart below for the current proportions) to see what a legal pack of 20 cigarettes would retail at under the new retro tax regime proposed by our disappearing black market pundits.  

So let’s show this for a typical budget brand in the chart.

Excise 73.9% = $16.34

GST 9.1% = $2.01

Retail mark-up 8.1% = $1.79

Manufacturer mark-up 8.9% = $1.97

Total retail price: $22.11

Here’s a conversation between two smokers:

Bill: Hey, the government has dropped tobacco tax big time! You can get a pack of 20 now for Just over $22.

Bob: Really? I can buy my smokes at cheap smokes shop for as low as $10 a pack, sometimes as high as $20 in high income suburbs. So these new reduced tax smokes are still more than double the lowest price of the dodgy ones. Why would I be mad enough to pay out all that extra?

The common $10 smokers can now pay for illegal cigarettes is clearly still highly profitable for those selling them. It is anyone’s guess how much even lower their price could fall and still retain acceptable profitability. After first publishing this blog, I was told of $8 packs of 20 being sold in Muswellbrook in rural NSW, presumably still making a profit for all in the chain. So the above sums are likely conservative about how much tax would need be lowered to get prices on par or cheaper than illicit cigarettes.

So this heroic step would do absolutely nothing to solve the problem.

It is just gobsmacking that people positioning themselves as credible advisors on how to undercut the black market could not have asked this most basic and fundamental of all questions about their magic reductions. And equally, that so many journalists have let them blather on and never questioned it. A Sydney Morning Herald editorial in  June  stated without blinking “a tax rethink on tobacco excise is self-evident and common sense”.

The tax cut to 2015 levels proposed by Steven Hamilton goes closest to a nominal sweet spot. But If the Government were to put the tax down to 2015 levels then the prices of taxed products would only  be competitive with the current illicit prices if Big Tobacco and all retailers also selflessly reverted to what they charged back in 2015. Yeah, that’s really going to happen. Pigs might fly too.

Enforcement of the weapons-grade penalties now in place across the country, together with turning attention to landlords who are knowingly allowing tobacconist tenants to use their rental premises to break the law are the obvious ways to go, as Alan Kohler also emphasised.

8 Nov 2025 BREAKING! Deakin University criminology academic James Martin publicly stated in the Straits Times that “taxes would need to be significantly lowered and even eliminated to discourage criminals from operating a black market.” [my emphasis]. Now how will this work? Martin suggests even eliminating all tobacco tax so that smokers who have been buying illicit untaxed cigarettes, will switch to legal cigarettes … which will be also untaxed. The government will then reap the tax benefit from these untaxed legal cigarettes. Are we all following this remarkable proposal?

Should we believe Fiona Patten on vapes? Here are just a few problems

25 Friday Jul 2025

Posted by Simon Chapman AO in Blog

≈ 1 Comment

Tags

australia, e-cigarettes, health, smoking, vaping

Fiona Patten (left) shares the stage with Moira Gilchrist, Philip Morris International, (right) in 2023, Warsaw

The former Victorian state politician Fiona Patten who failed to be re-elected in 2022 and again in the 2024 federal election for a Senate seat, is a dedicated advocate for vaping. She’s been a regular attender at the Global Forum on Nicotine (GFN), held annually mostly in Warsaw. In 2025 she was awarded the top gong at what is typically a modestly attended conference of the vaping faithful including those from Big Tobacco.

In the Sydney Morning Herald yesterday, she wrote an opinion piece calmly titled Australia has become the global village idiot on quitting smoking.

I spent 17 years editing the world’s first dedicated research journal on Tobacco Control. I handled 1000s of research manuscripts across that time. I also spent over 20 years teaching and marking Master of Public Health student course assignments at the University of Sydney for a unit I taught, Tobacco Control in the 21st Century.

So let’s imagine Fiona had submitted her piece for review and assessment. Here are my restrained comments on 13 issues. Read her piece in full here.

  1. “When it comes to reducing harms from smoking, Australia finds itself cast as the global village idiot … we are now the cautionary tale.”

Comment: Smoking prevalence is the leading indicator of reducing the harms of smoking. This report shows the worst performing nations. Australia is not mentioned.  In fact this map from the report shows Australia colour coded at the best level. So who’s really a village idiot?

2. “At present, 66 Australians die every day from the effects of smoking – not from an addiction to nicotine, but from the toxic delivery mechanism of cigarettes.”

Comment: If cigarettes did not contain nicotine, few if any people would smoke. Nicotine in itself is far from benign as these papers show, but it is the essential highly addictive cheese that baits the deadly mousetrap. Nicotine is the sina qua non of smoking. And we are steadily becoming aware of an increasing number of health problems from vaping (see reviews here).

3. “Legal cigarettes are taxed at rates so punitive that they have become virtually inaccessible to many, while vaping devices … are rendered unobtainable through deliberately restrictive access avenues.”

Comment: The corollary of the argument that cigarette tax is “punitive” is that making them less expensive would be somehow … compassionate? Tobacco companies engage in price discounting and have always fought tobacco tax rises because they are acutely aware that high price depresses demand. I’m aware of no government which has ever reduced tax on cigarettes to make them more affordable, a truly perverse step that would encourage uptake and depress quitting. It would be literally killing with  kindness. And vapes being “unobtainable”? Any of Australia’s 5800+ pharmacies not already selling them can order them in.

4. In Australia only a “handful of well-intentioned but misguided health groups” support the government’s policies on vapes. “Nearly everyone else” opposes them.

Comment : Below are two columns. The one on the left shows the “handful” of “misguided health groups”. The other, “nearly everyone else”. Notice any pattern here, Ms Patten?

The graph below from the latest AIHW National Drug Household Survey shows support for action on vaping in the Australian community. There are few hot button issues in Australia that attract higher public support than vaping control (see here for comparisons and the lame efforts of vape lobbyists to demonstrate that night is actually day).

5. “Around the world, doctors, scientists and governments have embraced harm reduction and acknowledged that prohibition does not and cannot ever work”

Comment: Here is a VERY long list of doctors and scientists around the world who have major concerns about the safety and effectiveness of vapes. And here in great detail is information about the many nations which either ban vapes completely  (33) or regulate them in ways that many vaping advocates oppose. 

Predictably and very tediously, the boo-word “prohibition” makes an  appearance. If vapes are “prohibited” but available in pharmacies, then by the same reasoning, Australia “prohibits” the 1000s of prescription drugs also only obtainable via pharmacies. Tell that to the millions of Australians who used some 335.8million scripts which were filled in a recent year in a population of 26 million people (and that’s not even counting the number who go to pharmacies for non-prescription items  … including vapes with <20mg/mL nicotine which are OTC).

In any event, the idea that “prohibition” never works is contradicted by considerable evidence (see here). Most governments, including Australia, have prohibitions on goods and substances for a plethora of reasons including biosecurity, public safety (eg fireworks, laser pointers, flick knives, explosives, asbestos, DDT, leaded petrol and paint) and intellectual property. In 1996 Australia prohibited semi-automatic rifles and pump action shotguns and saw a sustained halt to mass shootings.   The death of a friend’s son from adding caffeine powder to a drink, saw it banned. While “everyone knows” alcohol prohibition failed, Australian drug and alcohol expert, Wayne Hall, has documented in detail the considerable benefits that  flowed from the US alcohol prohibition (1920-1933).

6. “And in countries where these products are promoted, smoking rates have plummeted.” Britain has seen smoking “drop steeply in the past five years, from 18 per cent to 11.6 per cent.”

Comment: In England, e-cigarette use rose sharply from 2021, but this increase was not accompanied by a faster decline in smoking rates between 2016 and 2023 among 18–24 and 25–44 year-olds. Even worse, among those aged 45 and over, the decline in smoking actually slowed._

Australia which has tighter regulation of vapes than Britain, the UK, Canada and New Zealand, has also seen smoking prevalence fall in recent years. Here are the most recent official statistics on smoking prevalence for several comparable countries.

Australia (2022-23 14+) 10.5% current and 8.3% daily  — all combustible tobacco products

Canada (2022 15+) 10.9% current in last 30 days, 8.2% daily, cigarettes only

Europe (all EU members 2019 15+) 18.4% daily, cigarettes only

New Zealand (2022-23 15+) 8.3% current and 6.8% daily –all combustible tobacco products.

UK (2023 16+) 10.5% current cigarettes only

USA (2021 18+) 14.5% any combustible product, 11.5% cigarettes

Clearly, free-for-all vaping policy is not necessary in getting smoking down.

7. “in the short and medium term, vaping poses a small fraction of the risks of smoking”

Comment: In the “short and medium term” are very carefully chosen words here. Smoking, like asbestos, doesn’t typically kill or even manifest in symptoms in the short term — in days, weeks, month or years but in decades. As 15 presidents of the Society for Research into Nicotine and  Tobacco wrote in 2021 “There are no data on long-term health effects, reflecting the relative novelty of vaping and the rapid evolution of vaping products. Determining even short-term health effects in adults is difficult because most adult vapers are former or current smokers.” 

8. Because of the uptake of  so-called harm reduced products “Japan, too, has reduced its smoking rate by more than 30 per cent in seven years”

Comment: For cultural reasons, there have long been huge differences in smoking between Japanese men, (currently 24.8%) and women (6.2%). Australia has not seen male smoking rates as high as 24.8% since 2001 – nearly a quarter of a century ago.  Japan might well look to Australia to learn a thing or two about how to really get smoking down, not the other way round.

9. “New Zealand’s progressive policies on vaping and nicotine have it poised to join Sweden as a smoke-free nation.”

Comment: New Zealand has Patten-approved vaping policies (it also has the least affordable cigarettes in the world (see graph below) which almost certainly explains some of the country’s declining smoking rates).  But New Zealand’s youth vaping rates are of great concern. 

The only study to compare adolescent smoking trends before and after e-cigarettes became available in New Zealand found that progress in reducing adolescent smoking significantly slowed following the emergence and rise of vaping. The most recent data show that NZ had the first increase in a decade in daily smoking among adults (age 15+ in NZ health survey) from 6.8% in 2023 to 6.9% in 2024, despite daily vaping continuing to rise rapidly from 9.7% to 11.1% over the same period.

10. “The message is clear: when governments allow and encourage safer alternatives, lives are saved and deadly smoking rates decline. They are also not experiencing illicit tobacco wars.”

Comment:This is a sweeping generalisation. Where are the data on changing death rates (“lives are saved”) since vaping commenced? Why is it that smoking rates are also declining in Australia despite laws not being like Fiona wants them?

Sorry, it is patently untrue to say that there is no criminal involvement in illegal tobacco and vapes in nations like the UK and USA which have liberal vape access policies. See details here.

11. “Vaping, the most successful smoking cessation tool on record, is met with the harshest prohibitions.”

Comment: “Prohibitions” again ….zzzzz. Claims that vapes are the most successful way of quitting smoking disguise the fact that this “success” is pretty dismal. If any doctor tried to tell me any “successful” drug she was prescribing me had a 90% failure rate, I’d look for another doctor. But this is the language of success favoured by vaping advocates. Unequivocally, the most successful way of quitting, if your key criterion here is the sheer numbers of successes year in and year out, is unassisted quitting –cold turkey. But quitting has become dominated by commodified solutions pushed by vested interests. If you can’t sell it, don’t mention it.

12. “Australians are increasingly turning to black market tobacco and vapes; overall smoking rates are stagnating, even increasing in some disadvantaged communities and preventable deaths continue to mount.”

Comment: Smoking rates are not stagnating in Australia. The latest data point (2022-23) shows that compared with the previous survey data year (2019) the absolute falls in the prevalence of daily smoking (-2.7%), of current smoking (-3.5%) and the growth in quit proportions (+7.7%) were all at record levels. These are hard measures of smoking declining in the population and of quitting increasing.

12. “The mere possession of a vape in many states attracts thousands of dollars in fines, and even prison terms. In the ACT, the possession of a nicotine vape means you can be jailed for two years and fined $32,000.”

Comment: Correct, Both the ACT and Vic do not provide exemptions for possession of non-therapeutic vapes for personal use. Unless state legislation specifically says something else, these provisions just follow whatever arrangements were in place with regard to all S4 medicines in the jurisdiction.

In ACT, the penalty is 200 penalty units ($32k for an individual or $162k for a corporation), imprisonment for 2 years, or both.

In Victoria, the penalty is 10 penalty units ($2,035.10).

But significantly, what Patten doesn’t tell us here is that in order for these penalties to arise, the person would have to be charged by police and convicted by a court. Neither police in Victoria or the ACT are charging individuals for possession of non-therapeutic vapes. Searches of case law indicate that no jurisdictions appear to be charging for individual possession. So this is just bluster.

Why Australia’s illegal tobacco and vape trade continues to flourish and what should be done about it

22 Sunday Jun 2025

Posted by Simon Chapman AO in Blog

≈ 1 Comment

Tags

politics, smoking, tobacco-tax, vaping

Addendum: One month ago to the day from when I published this blog, the NSW Minns’ has announced major weapons-grade increases in fines and jail terms for illegal tobacco traders. Importantly, it will allow landlords to evict those legally trading from their rented properties. Huge congratulations to the leadership at NSW Health and the Minns’ government.

*****

Several Australian states are experiencing a wholesale disregard for laws that outlaw the sale of tobacco products where excise duty has not been paid, and with vapes being sold in any circumstance other than through a registered pharmacy. It has been unambiguously illegal to sell duty-not-paid cigarettes since 1901 and to sell vapes outside a pharmacy since July 1, 2024. Major media attention is being focussed on

  • the extent of this brazen contempt
  • the involvement of criminals in its operation
  • the major fall in government revenue as droves of smokers unsurprisingly  choose to pay $10-$15 a pack for smuggled cigarettes instead of north of $40 and past $60 for cigarettes which are currently taxed at $1.40 per stick
  • alleged objections from police about reluctance to get involved in “regulating a legal product”

High excise is not the cause nor lowering it the solution

The populist wisdom on why all this has happened is that Australia, with the world’s highest tobacco tax rate, has foolishly brought this on itself. This claim is manifestly ignorant because how do we then even begin to explain that nearly every nation – including all those with much lower tobacco tax than Australia (especially in low income nations) – have long had extensive black markets for tobacco too? Black markets are booming today in (to name just a few) Malaysia and South Africa (both with 65% of all tobacco sold being illicit) and Brazil (50%), all which have lower tobacco tax than Australia. 

Tobacco industry estimates of the extent of black markets routinely exaggerate their size, as part of a decades-long global campaign to lobby governments to reduce tax, with cheaper retail prices known to increase demand.

The Australian Association of Convenience Stores which has a history of Big Tobacco links is cheer leading the claim on repeat that the excise should be “lowered”. But tellingly, those joining this choir never name how much of a reduction would be required to make the price of legal duty paid cigarettes competitive with cheaper illicit packs.

Basic arithmetic shows this: the current tax of $1.40 per cigarette means $28 excise is already in the mix before the lucrative cuts for both cigarette manufacturers and retailers combine to lift the cost of a pack of 20 at the very low budget brands end of the market to $40. Premium taxed brands can cost well over $50. 

So let’s imagine the Commonwealth government introduced the radical and globally unprecedented step of slashing excise by a huge 50%, a truly la-la land proposition. This would mean the tax component would fall to 70c a stick, or $14 a pack of 20s.  No one, just no one is arguing that manufacturers and retailers would then follow suit and reduce their margins by a comparable percentage in a selfless noble gesture to assist smashing the black market.

This means that our hypothetical 50% reduction in tobacco tax would still mean a tax-paid budget brand would still cost $14 in tax alone, already nudging the high end ($15) of what black market packs cost today. So adding the retailer+manufacturer’s combined margin of $12 to the $14 taxed price component, our fantasy “reduced tax” pack would retail at $26. This would still be blown right out the water by comparable budget black market offerings of $10-$12 a pack.

So even halving tobacco tax would do nothing to make legal taxed cigarettes competitive with cheap smuggled smokes. Freezing tobacco tax or cutting it by  less than 50% would be equally inconsequential.

Just as every nation has illegal trade in illicit drugs (even in nations where death penalties are given by courts), no regulatory plan will eliminate the tobacco black market. But there is a world of difference between neon-lit, 7 days a week, 18 hours a day high street illegal tobacco trading and what would remain if it was driven totally underground.

Failure to enforce the law — the elephant in the room

There are many challenges being faced in prosecuting illegal tobacco and vape sellers. Here are a few. Staff in the shops are often instructed by their bosses to simply run out of the premises if visited by inspectors. Those who talk typically insist they have never met the owners and don’t know their names. They are instructed to take their cash wages from the till on each payday, so presumably all staff are on untaxed cash arrangements. All purchases are cash only, leaving no credit card trails, both facts that would be of considerable interest to the Australian Taxation Office.

With seizures  being sometimes very substantial and so costly to the illegal sellers, many now limit their in-store tobacco and vape stock to only that required for a typical day’s sales, with any needed extra stock being kept off-site in car boots parked near the shops. Commercial storage companies are also suspected of being used to store large quantities. Section 233 of the Customs Act 1901 Smuggling and unlawful importation and exportation states that it is illegal for anyone to “unlawfully convey or have in his or her possession any smuggled goods or prohibited imports or prohibited exports.”  So these storage facilities would be legally vulnerable if police were to tail deliveries picked up from them.

It’s common to find shops which have had stock seized and staff put on notice today, open again tomorrow with new stock delivered overnight.

The strategy of holding small quantities in-store limits the cost of losses to the shops through seizures, but this is irrelevant to establishing a prosecution as even having a single vape or illegal pack of cigarettes can trigger a prosecution with no court likely to find it credible that a store operated with just a handful of stock.

In country towns in particular, some police claim they face real challenges in storing seized goods because of no storage facilities in typically small police stations. Seized goods must be kept  as exhibits until prosecutions are finalised through the courts, which can take many months. But we don’t hear the same lame concerns made about storage problems with recovered stolen vehicles, large scale hauls of goods recovered from break and enters, nor about illicit drug busts including whole fields or greenhouses of marihuana.

Police ‘don’t want to be regulators”

This reported police complaint points to a wider issue of some often anonymous police commentators feeling that illicit tobacco selling does not deserve the attention of serious police work. I’m old enough to remember police indifference and even hostility to getting involved in random breath testing, preventive domestic violence intervention, white collar and cyber crime, all of which today are part of the daily meat and potatoes of police work.

I’ve heard threats of police being taken off the beat chasing hardened criminals and of resultant understaffing to attend to domestic violence should policing illegal tobacco step up. But police attend outdoor music festivals in droves with 75%  of attendees surveyed saying they had experienced police in relation to their drug use at such festivals.

The Australian Federal Police actively police counterfeit imported luxury good knock-offs on sale in Australia as part of their work investigating breaches of intellectual property. With the significant excise tax losses to the Commonwealth from black market tobacco, it is difficult to understand why sleuthing fake Channel perfume or Louis Vuitton handbag vendors could be of higher priority than systematically busting a trade costing the government billions of dollars a year.

One argument with its hand up is that tobacco is a “legal product”, with some police believing they should have no part in ensuring that its sale is within the law. Alcohol, firearms, gambling and motor vehicles are also legal products, yet police have long histories both of issuing defect notices on cars and doing firearm license and home safe storage compliance checks: two examples of legal goods and services being used under illegal circumstances. Just as with the present situation on illegal “legal” tobacco.

And not to mention illegal trade in alcohol. Here are all the offences and penalties that go with illegal of serving liquor in NSW. Police are active in investigating and enforcing the ban on selling alcohol to minors.

Food

State governments are well used to regulating  businesses, with there being no better example of the way food safety laws are enforced. Food standards are enforced by Australian state and territory food regulatory agencies, the Australian Government’s Department of Agriculture and Fisheries and Forestry. In NSW, the government’s NSW Food Authority is responsible for monitoring and regulating food safety across the entire food industry supply chain from paddock to plate. Importantly, it maintains a public online “name and shame” register where there are currently 901 businesses listed which since December 2022 have been fined for breaches.

Again, food is a “legal product” with preparing this legal food in unhygienic and unsafe ways being illegal.

But police are being cooperative

Despite these media claims, I’m advised by public health colleagues that in fact, NSW police have been very cooperative when asked to join in inspections of known illegal tobacco retailers.  There has been good cooperation between  Health, Border Force, and the Commonwealth’s Therapeutic Goods Administration (when illegal vapes are of interest). All this suggests other agenda like industrial jostling for greater funding may be at work when “not our bailiwick” comments are reported.

Solutions – breaking the weakest link

With the evasive template described above, cooperative agency tactics could include ensuring inspections see all entrances to shops guarded prior to raids. Surveillance of deliveries, with tracing of vehicles after drop-offs to locate storage premises and those working in them and pro-active warning to commercial self-storage businesses that failure to ensure illicit tobacco and vapes are not being stored will have major consequences.

But the very weakest link in all of this is that all cheap tobacco premises are not owned by those trading in them. The shops are always rented. While the patsy shop assistants may well be ignorant of the identities of those above them, those owning the premises are legally obliged to have the names, contact details and typically banking details of the parties who are paying them rent. The Office of Fair Trading makes it clear that it is illegal for a landlord to knowingly allow a commercial premises to be used for illegal activities.    All standard commercial tenancies across Australia include terms that consider illicit activities by the tenant a major breach and cause to terminate the tenancy agreement. If evidence is provided to these landlords that their renters are conducting illegal trade on their premises, this is grounds for termination of a lease and prosecution of landlord should the illegal trade continiue.

Voiding insurance

Huge publicity including via ABC Four Corners and a series of large pieces in the Sydney Morning Herald has been given to arson attacks and standover tactics by criminals intent on forcing legal tobacco retailers to stock illegal tobacco and vapes that they supply. The insurance industry has reacted to this by raising premiums to stratospheric levels making it almost impossible for tobacconists to buy insurance.  Landlords run massive risks by renting to uninsurable illegally trading tobacco businesses. Should an arson fire spread to adjoining premises causing extensive property damage or death and injury to people, landlords’ liability would be immense.

But this scenario has been on-going and clearly increasing for many months. Enough landlords are presumably prepared to take these very substantial risks. So what actions and reforms could state governments make to quickly bring the legal and pecuniary interests of landlords to bear on illegal tobacco and vape retailers?

If all states were to adopt a public “name and shame” strategy modelled on that used with food safety breaches in concert with substantial on-the-spot fines, landlords and insurers could routinely search the database for the names applicants for tenancy or insurance. Such fines should immediately result in inclusion on the register. Establishing such a register could be implemented at virtually no cost in a matter of weeks. 

Queensland and South Australia

Queensland and South Australia both offer examples of very encouraging progress.

Queensland has recently amended its legislation to empower significant on-the-spot  fines in addition to subsequent prosecutions through the courts. For individuals, maximum fines can be issued up to $32,260 for the commercial supply of illicit tobacco and nicotine products. Corporations face penalties of up to $161,300.  South Australia too, has stepped up firmly to the enforcement plate with an illicit tobacco taskforce within its Consumer and Business Services in partnership with Health and SAPOL’s [South Australian Police] running Operation Eclipse. The operation has seized millions of dollars’ worth of illicit cigarettes, vapes and loose tobacco.  More than 500 inspections have been conducted around the state with 20% of these taking place in regional South Australia. representing $4 million worth of the illicit products seized.

The Minister has also issued 33 short-term closure orders and successfully had two long term closure orders approved by the Magistrates Court. The SA government has also recently passed legislation to increase fines to up to $6.6 million for the supply and possession of commercial quantities of illicit tobacco and vapes.

Between 1 July 2024 and 31 May 2025, 819 penalty infringement notices were issued in Queenland for supply and commercial possession of illicit products, with a value of more than $10.7 million.

Queensland Health can also issue an interim closure order for up to 72 hours and up to six months under a court order where there is evidence of either unlicensed or continued illicit tobacco or vape supply. More than 121 interim closure orders have been issued since September 2024 when the commencement of powers for closures began.

Legacy of the neglect

The loss of tobacco tax to the Treasury being caused by the current tobacco black market is a public finance issue, not primarily a health issue. When smokers buy cheaper cigarettes, the money they save does not somehow disappear from the economy. It is either saved or used to buy other goods and services, most of which are goods and services (GST) taxed and all of which have multiplier effects in the economy. Non-smokers are not unpatriotic tax-avoiders, for the very same reason.

But easy access to cheap tobacco is most  definitely is a public health issue because of the huge body of evidence linking tobacco tax prices rises to reduced smoking through quitting and reducing the number of cigarettes smoked as well as powerfully dissuading uptake in non-smokers. Smoking rates in both adults and teenagers are now the lowest ever recorded in Australia. It would be a tragedy if that record was trashed by a continuing failure to enforce the law.

Criminals who have now for many months sold illegal tobacco with impunity might well think that they would experience a similar dream run if they opened up a river of shops where unlicensed, they brazenly sold cheap duty-not-paid alcohol to anyone who anyone who wanted it, or counterfeit prescription only drugs to walk-ins. 

Philippines has major tobacco smuggling

South Australia is busting illegal tobacco traders big time. What’s stopping the rest of the country?

26 Monday May 2025

Posted by Simon Chapman AO in Blog

≈ Leave a comment

Tags

health, illicit-trade, politics, public-health, smoking, vaping

Labor’s stunning election victory and the relegation of the conservative opposition to likely years of political eunuch status opens up many opportunities across all areas of government. With health minister Mark Butler playing a powerful wingman role to the Prime Minister, he is in the driver’s seat to finish the historic job he started back in 2022 with regulating vaping. In the three years, Australian streets have been deluged by blatant law-breaking cheap tobacco and convenience shops selling smuggled cigarettes and vapes, since 2024 permitted to be sold only in pharmacies.

Butler’s deeply impressive leadership on vaping and tobacco reforms saw him carry forward a Labor heritage which started in 1973 when Gough Whitlam took the first step to ban tobacco advertising. Butler was Minister for Ageing and Australia’s first Minister for Mental Health in the Gillard Government when Nicola Roxon was the senior health minister and introduced the world’s first plain tobacco packaging bill, now adopted by 25 nations and under active consideration in another 14.

Like plain packs, the regulation of access to vapes to pharmacy sales is another world first. But Butler must be understandably frustrated by what has become an epidemic of political duck-shoving where some states have talked the supportive talk, but not walked the implementation and enforcement walk.

As a result, illicit vapes remain readily available mostly via the plague of “cheap cigarette” shops which lead their trade with lucrative totally illegal duty-not-paid smuggled cigarettes which also break Australia’s plain packaging laws.

So how has this got to the in-your-face blatant law-breaking it has, and what should happen to fix it?

Enforcement of the law

All states and the Commonwealth government now have in place laws that make selling vapes anywhere but in a pharmacy unambiguously illegal. Importing, wholesaling and retailing tobacco products which have evaded excise tax are all illegal under Commonwealth law, attracting eye-watering major maximum fines for large scale offenders and routine confiscation and destruction of stock.

But illegal sales of both vapes and tobacco are rampant with the Sydney Morning Herald noting that there are currently 60 “cheap smokes” shops in Sydney for every one McDonalds outlet. 824  have opened in recent years in the Inner West council region alone. This situation is most pronounced in NSW and Victoria, the two states yet to implement mandatory tobacco retail licensing, despite calls for years from public health experts for this to happen. Licensing provides a database enabling authorities to routinely check whether licensees are compliant with the law and the threat of removal of a license and close-down orders for those not.

However clearly, many now selling illegally will reason from several years of experience that no authorities have ever raided their shops, so why would things be any different if they bothered to not get a tobacco retailing license? 

And that has been the elephant in the room sized problem that few will talk about. Most state health authorities seem purposefully blind to what everyone else can see: that there is a burgeoning forest of “cheap smokes” and convenience stores selling illegally which open every day with zero consequence.

How have they justified this wholesale neglect?

I recently had dinner with the head of a NSW state public health unit. I asked him what his unit was doing about enforcement of the laws on selling illegal tobacco and vapes. He confirmed very little was being done with the major reason being concern about staff safety. His staff were well aware and concerned that violent criminals are involved in the tobacco and vape trade, and of the screaming headlines of multiple arson attacks on tobacco outlets by rival tobacco supply gangs, particularly in Victoria. All illegal tobacco outlets have CCTV cameras and staff were anxious they would be identified and threatened. Several public heath chiefs understandably took these concerns seriously and believed that police needed to be involved far more in enforcement of the laws.

Imagine if criminal syndicates decided that there were vast amounts of money to be made by selling prescribed drugs in high street shops and online to anyone who wanted them without a prescription. Or that the law on selling alcohol only through premises with liquor licences could just as easily be ignored with every town and suburb opening up multiple shops selling duty-not-paid booze. Public and licensed liquor outrage would be immense and police action swift.

Pharmacies are rarely prosecuted for supplying drugs to those without prescriptions, and pubs, clubs and bars known to routinely sell liquor to kids are jumped on fast, with their goldmine liquor licences under threat. 

One mystery here is why the supermarket sector, which has always had an exemplary record of rarely selling tobacco to kids, has not used its massive power and united to demand strong action against illegal tobacco retailing. If this trade diminished in a major way, supermarkets would be major beneficiaries of returning smoking customers.

NSW

The Herald reported that some 2000 inspections of these dodgy retailers in metropolitan illegal trade had been undertaken by NSW health inspectors who had seized illegal stock worth $24m. These are far from trivial numbers, but there’s an obvious mystery here. Conspicuously absent in the Herald’s report was any mention of completed or in-process prosecutions of those from whom these products were seized. 

Let’s assume that nearly all those inspected were selling. The customers who come and go into these premises each day know that. So why wasn’t stock seized from all of them, and why is there no apparent data on how many are facing prosecutions when since November 2024, NSW has had maximum penalties of $154,000 and up to $22,000 for selling to children, with higher for corporations?

Last Friday, one Sydney tobacco retailer with a business turnover of $3.3m was hit with a $5,560 fine plus $6,850 in costs. The cynical Herald commented “That’ll show him, or it would if the financial gains made from running tobacconists weren’t so generous … [the] fine and the prosecution’s costs put a 0.37 per cent dent in last year’s bottom line.”

NSW Health staff are known to be immensely frustrated by the Department’s legal branch refusing to proceed with cases. This must be a major focus of the current NSW parliamentary enquiry into illegal tobacco trade.

Police in some states seem reluctant to see illegal tobacco retailing as serious crime unless violence or arson is involved. The Sydney Morning Herald reported a senior officer as saying “Our involvement is primarily about the acts of violence that was used by these people to take the tobacco.  I think our system and our response is adequate, and we’ll keep maintaining that.”  

South Australia, and to a lesser extent Queensland seem to have sorted out any problems that NSW seems to have with lack of police interest In enforcing the law. There, the police apparently don’t pick and choose which law breaking they will investigate.

South Australia

Under A media release dated 6 May 2025 from South Australia’s Consumer and Business Services stated:

“More than $23 million in illicit tobacco and vapes have been seized across South Australia since the start of Consumer and Business Services’ crackdown.

Since 1 July, our illicit tobacco taskforce within CBS, in partnership with SAPOL’s [South Australian Police] Operation Eclipse and other agencies, has seized millions of dollars’ worth of illicit cigarettes, vapes and loose tobacco.

This includes:

  • 17.2 million cigarettes valued at $13.7 million. (860,000 packs of 20)
  • 105,100 vapes valued at $4.5 million.
  • 6 tonnes of loose tobacco valued at $3.1 million.
  • 2.3 million cigarette tubes valued at $1.4 million.
  • 834 nicotine pouches valued at $25,000.

More than 500 inspections have been conducted around the state with 20 per cent of these taking place in regional South Australia representing $4 million of the illicit products seized.

The Minister has also issued 33 short-term closure orders and successfully had two long term closure orders approved by the Magistrates Court for illicit tobacco stores in Salisbury North and Hackham West.

The state government has been relentless in its fight against the illicit tobacco trade investing $16 million in a new taskforce within CBS from 1 July last year.

The state government has also introduced among the toughest penalties of any state or territory in the nation against the sale of illegal vapes and tobacco, with fines of up to $1.5 million for those caught selling.

The government has also recently passed legislation to increase fines to up to $6.6 million for the supply and possession of commercial quantities of illicit tobacco and vapes.”

South Australian Health Minister Chris Picton who is driving enforcement in the state. Picture ABC News

Queensland

In early May, Queensland conducted raids in  30 locations across the state in one week. Products worth $20.8m were seized including 76,000 vapes, 19m illicit cigarettes and3.6 tonnes of loose tobacco. This is a good start, but there are clearly far more than 30 locations across Queensland selling illegal vapes and tobacco. Why isn’t Queensland doing this regularly?

In the 2023/24 financial year, the Australian Border Force made over 51,600 detections of illicit tobacco, including over 1.8 billion cigarettes and more than 436 tonnes of loose leaf tobacco. The May budget allocated $157m to further enforcement of laws against illegal vape and tobacco importing and trade.

Lowering tobacco tax: a fools’ errand

Simplistic solutions calling for tobacco excise tax to be reduced to make illegal cigarettes less competitive instantly fail the most rudimentary question: how much would the tax need to be lowered to make legal (tax paid) cigarettes competitive with illegal cigarettes?  I answered this in a recent blog. Spoiler, government would need to scrap all tobacco tax. Pigs flying in formation across Sydney Harbour is far more likely.

I wrote:

“It’s easy to call for ‘lower’ tobacco tax, but how much lower would it need to be to see budget-conscious smokers switch back to buying taxed cigarettes? A common price for the most popular illegal brand of cigarettes in Australia is $15. The current excise rate on cigarettes in Australia is $1.40313 per stick. So the tax alone on a pack of 20 cigarettes is now $28.06.

A common retail price for popular brands of legal duty paid cigarettes is around $40, with the extra component costs (after ~$12 tax is deducted) being those going to cigarette manufacturers and retailers. Given that tobacco manufacturing and retailing interests are not talking at all about radically dropping their margins to compete with $15 illegal pack prices, are the “cut the excise” voices then suggesting that the government should therefore  “take one for the convenience stores” and give up perhaps all of its tobacco excise ($40-$28 = $12), a price that would certainly blow illegal retail trade out of the water?

We don’t know how low illegal cigarette retail pricing could fall to still remain very profitable to those running it. But by now, simplistic calls to “cut excess” lead us very quickly into this truly absurd territory, when the obvious solution is instead for governments to crack down hard on the illegal retailers. Small cuts would make no significant difference to the large gap between legal and illegal cigarettes. Only massive or even entire scrapping of tobacco excise would bridge that gap.”

Enforcement, enforcement, enforcement

Now fully equipped with legislation and weapons-grade penalties for illegal selling and advertising (now $6.6 million in South Australia), the Albanese government now needs to seriously address some states’ unwillingness to implement the law. If they are looking for a role model, South Australia is the clear front runner.

Every shop advertising “cheap smokes” effectively has a neon sign saying “Here I am, selling illegal tobacco and vapes. Step inside, bust me, seize all my stock, fine me heavily and close me down”. There’s no detective work involved here. It’s blatant, walk-in crime busting.

Similarly, every social media ad offering “fruit” has long been offering illegal flavoured disposable vapes. You text a number that regularly disappears, but the Achilles heel is when the illegal vapes are handed over to the buyer via a delivery courier. A suburban street corner is arranged. Police could easily order a delivery, interrogate the delivery riders or follow them back to where they pick up their stock to bust the suppliers.

Screenshot from Facebook Marketplace

The apparent police culture in some states that they are the ones who will decide which laws they will and won’t enforce needs to be called out by governments, which control police. Imagine where we would be if police decreed they would not investigate white collar or cyber crime, or domestic violence, three areas where in the past they were often reluctant to act.

“But you’ll never wipe it out”

I routinely am finger-jabbed on social media that it doesn’t matter how illegal you make any drug, including illicit tobacco and vapes: there will always be a market willing to buy and enrich the criminals keen to supply   No nation has ever eliminated illicit drug use, just as no nation has ever eliminated all crime, tax avoidance or drink driving. From that, it obviously doesn’t follow that any constraints on any of these activities should be abandoned as “not working”. While crime elimination may well be an aspiration, crime reduction is plainly the year-on-year reality against which the success of police and border force efforts are assessed. 

Drug decriminalisation  is being wound back in Oregon as problems accelerate. No nation I’m aware of is seeking ways to liberalise access to tobacco or vapes. All news from around the world about regulation describes tightening access, raising tax, ending retail display, making packaging evermore gruesome and licensing retailers. Nations like Britain, New Zealand  and Canada which have had sell anywhere policies on vapes are now back peddaling furiously especially with bans on disposables. Meanwhile, Big Tobacco — major donors to Trump — are likely to be running their hands together with the axing of the US FDA’s tobacco control section.

But the convenience store industry’s cracked record here is to call for vapes to be deregulated and sold by licensed law-abiding convenience store operators. You know, those very same law-abiding store owners who have been ignoring the law all these years and selling cigarettes and vapes to kids.

Smoking is now at record lows among adults and teenagers. The entire illegal trade issue is not seeing smoking prevalence rise: it is a story of mostly price-sensitive low income smokers buying smokes where they can save thousands of dollars a year. Treasury is losing big money from reduced tobacco excise. But, we all need to understand that people who don’t smoke do not somehow shirk their ‘duty’ as provident tax contributors – a point made by Professor Ken Warner from the University of Michigan,  who summed all this up in a heavily cited paper in 2000.

“when resources are no longer devoted (at all or as much) to a given economic activity, they do not simply disappear into thin air—the implication of the industry’s argument. Rather, they are redirected to other economic functions. If a person ceases to smoke, for example, the money that individual would have spent on cigarettes does not evaporate. Rather, the person spends it on something else. The new spending will generate employment in other industries, just as the spending on cigarettes generated employment in the tobacco industry. Studies by non-industry economists in several countries have confirmed that reallocation of spending by consumers quitting smoking would not reduce employment or otherwise significantly damage the countries’ economies.”

Cheap illegal cigarettes save low income pack-a-day smokers over $9000 a year. So why don’t social justice champions give them full support?

22 Saturday Mar 2025

Posted by Simon Chapman AO in Blog

≈ 1 Comment

Tags

excise-tax, illicit-trade, smoking, smoking-prevalence, tobacco

In my first weeks working at the University of Sydney in the late 1970s, I received a tip-off that a lunchtime talk in the School of Economics would be led by a student who was a Rothmans employee. I went along to a room where about 20 listened to a highly detailed and occasionally furtive talk about how Rothmans gathered its intelligence about what impacted its cigarette sales. The audience were all economics wonks interested in data processing. But I had my then innocent eyes opened to something elementary I’d never forget.

He explained something obvious, if you thought about it. The company had day-by-day, suburb-by-suburb, shop-by-shop and brand variant by brand variant sales data. This was routinely gathered from its delivery van drivers at the end of each day after their stock drop offs. Their sales analysts could map these data against any variable of interest: their prices and those of their competitors, against advertising launches and campaign reach , seasonality and to assess the impact any further bad news reporting on tobacco and disease, or any new policy or campaign the government introduced designed to reduce smoking.

The delivery drivers and a small army of sales workers would also gather qualitative information from shop staff about what customers were saying about anything relevant to smoking.  In two papers, my research group later looked at how this was used here and here.

Unsurprisingly, the information collected by on-the-ground staff is used to shape and fine tune company efforts to maximise sales and profits. Compared to the delayed and state or nationally aggregated information available to those in public health via large cross-sectional surveys done every few years, the industry’s intelligence about changes was Exocet precise. Today with instantaneous sales data recording, business intelligence is lightning fast. Price discounting remains the main strategy left to an industry that cannot advertise, promote, place its deadly products in highly market-researched packaging or even display it in shops.

The memory of the Rothmans guy’s presentation came back to me when I read an opinion piece this week in the Guardian coauthored  by Ed Jegasothy, from the School of Public Health at Sydney University and Francis Markam from the ANU.  Their drift was that Australia has lost its way in tobacco control, despite – they acknowledged — tobacco being “a vitally important public health issue” and smoking rates having “declined remarkably”. They declared that the “growth of the black market fundamentally undermines the health aims of the tobacco excise”.

So are we all getting confused here? Or perhaps it’s the authors who are? If smoking rates have declined remarkably (yes, true see their graph and see here for extra detail on just how much), how has the rise of black market retailing undermined the “health aims” of the tobacco excise when presumably this means lowering smoking and after a lagged period, the diseases it causes?

The major rise of illegal cigarette retailing has certainly eroded excise receipts, but when we survey to measure smoking prevalence, we count smokers regardless of how they buy their cigarettes – excise paid and excise avoided are both counted. Both licit and illicit tobacco kill smokers.

Last year I began seeing Jegasothy quoted in news media on the issue of tobacco tax and smoking prevalence, particularly in low socioeconomic people. Curious, I looked up the authors’ track records on tobacco here and here. Between them they have just one published letter to a peer reviewed journal. [update 20 Jul 2025: they have since published this so far uncited paper on 24 March 2025. To date it is the only paper to have (self-cited) their earlier published letter from July 2024]

This was a critique of a paper on the impact of Australia’s tobacco tax on smoking prevalence. The authors of that original paper responded to the critique with an iron fist in a polite velvet glove writing diplomatically that serious criticism here “should be based on a deep understanding of the tobacco control landscape over this time period” and pointing out why the time period their original study had examined was most appropriate.

The simplistic scream test

Early in their Guardian piece, Jegasothy and Markam disparage the notion that what the tobacco industry protests most about is reasonably seen as a litmus “scream test” for policies that it cares most about. Linking to a recent Four Corners program where I used the expression, they call this “simplistic reasoning” because tobacco manufacturing and retailing price components often quietly rise under the air-cover of heinous, cruel tax rises that grab the headlines. So as long as Big Tobacco is still profitable despite tax rises, they couldn’t care less about these rises. Is that their interesting reasoning?

True, the industry has a history of raising its margins and profiting even further in the shadows of tax increases, but notwithstanding, here are a few historic examples of the industry screaming about tax. The tobacco company Philip Morris (Australia) in 1983 said:

… The most certain way to reduce consumption is through price.

Then again in 1985:

… Of all the concerns, there is one – taxation – which alarms us the most. While marketing restrictions and public and passive smoking do depress volume, in our experience taxation depresses it much more severely. Our concern for taxation is, therefore, central to our thinking about smoking and health. It has historically been the area to which we have devoted most resources and for the foreseeable future, I think things will stay that way almost everywhere.

And 1993:

… A high cigarette price, more than any other cigarette attribute, has the most dramatic impact on the share of the quitting population.

In 2011, British American Tobacco’s boss in Australia, David Crow, publicly acknowledged the impact of tobacco tax, telling a Senate committee:

We saw that last year very effectively with the increase in excise. There was a 25% increase in the excise and we saw the volumes go down by about 10.2%; there was about a 10.2% reduction in the industry last year in Australia.  (see here at p xviii)

So if these (and many more like them) do not indicate virulent industry concern about tobacco tax, why has it carried on screaming about tax in the same way for at least 42 years?

How low would tobacco tax need to go to make the black market disappear in Australia?

They write that “government officials remain inflexible, rejecting even temporary pauses in tax hikes”, let alone countenancing the profanity of significant falls in tobacco excise duty.

But those who blithely call for tobacco tax pauses or cuts never name the size of the cuts that would make illegal, duty-not-paid cigarettes less attractive to low-income smokers. Why be so shy?  Let me assist here by repeating what I wrote in my last blog.

It’s easy to call for “lower” tobacco tax, but how much lower would it need to be to see budget-conscious smokers switch back to buying taxed cigarettes? A common price for the most popular illegal brand of cigarettes in Australia is $15. The current excise rate on cigarettes in Australia is $1.40313 per stick. So the tax alone on a pack of 20 cigarettes is now $28.06.

A common retail price for popular brands of legal duty paid cigarettes is around $40, with the extra component costs (after tax is deducted) being those going to cigarette manufacturers and retailers. Given that tobacco manufacturing and retailing interests are not talking at all about radically dropping their margins to compete with $15 illegal pack prices, are the “cut the excise” voices then suggesting that the government should therefore  “take one for the convenience stores” and give up perhaps all of its tobacco excise ($40-$28 = $12), a price that would certainly go near to blowing illegal retail trade out of the water?

We don’t know how low illegal cigarette retail pricing could fall even further to still remain very profitable to those running it. But by now, simplistic calls to “cut excise” lead us very quickly into this truly absurd territory, when the obvious solution is instead for governments to crack down hard on the illegal retailers, importers and wholesalers. Small cuts would make no significant difference to the large gap between legal and illegal cigarettes. Only massive or even entire scrapping of tobacco excise would bridge that gap. And pigs might fly in that space.

Where incomes are unequal, pricing of every commodity is regressive

In May 2023 Jegasothy published a blog The tobacco tax hike is not a public health measure: it’s a regressive tax grab.  where he concluded for tobacco tax rises “The policy has not been successful in meeting the bar of being effective, equitable, or ethical.”

When there is income inequality in a society (which is and has always been the case in every nation) then there is inequity in the ability of people with different means to pay for any and every commodity or service, from basic necessities to luxury goods. Cigarettes are no different.

Lowering the price of tobacco would be a disincentive to quitting and reducing the number of cigarettes smoked per day by continuing smokers (this has fallen by 40% from 20 in 2001 to 12 in 2019). It would erode the severe disincentive to take up smoking by highly price-sensitive kids and it would make Australia a pariah in global public health by making it an easier decision to smoke.

Oh, the irony … cheap illicit cigarettes “help the poor” right now

The huge irony in Jegasothy and Markham’s piece of course is that because the most price-sensitive smokers are heavily attracted to cheap duty-not-paid cigarettes, it might be argued that the black market is right now a huge welfare gift to low-income smokers.  If every time a pack-a-day smoker buys a $15 pack of black market cigarettes, they save $25 on what they would have paid to buy a popular taxed brand. That’s an annual saving of $9125.  So why aren’t  they out there urging low income smokers to count their luck and providing lists of illegally trading shops to support them in saving money?

Here of course, they’d be thoroughly wedged by the knowledge that smoking kills up to two in three long time users. Any public health researcher urging that poor smokers be given every encouragement to keep smoking by lowering the price they pay would be recommending a truly perverse way of ‘helping’ disadvantaged people.

Not just tax driving smoking down

In their Guardian piece. Jegasothy and Markham hint that other tobacco control measures may even work better than excise policy.

“Smoking rates have declined remarkably – but at similar rates during periods with and without significant tax increases. This suggests minimal impact from the tax hikes themselves.”   

They write that tobacco tax policy is “central” to tobacco control policy and that “policy discussions have been “fixated on tax as a silver bullet” and note that “smoking rates fell during periods of price stability indicates that shifting social attitudes and cultural norms around tobacco use, as well as policies such as smoke-free areas, are playing significant roles in reducing smoking prevalence.”

First, note here that there have been no periods of price stability across the years they consider. Prices have risen over the entire period. And in any case, it’s not just any acute, immediate effect of the increases that needs to be considered. Costliness/affordability exerts an impact even during periods between that dates when increases happen.

All this evinces large scale ignorance of the core guiding principle of tobacco control which has never been only about tobacco tax.  Since the 1970s, comprehensive policies and programs in reducing smoking through both preventive and cessation impacts have been the tobacco control policy template. Anyone who has worked in tobacco control and read its vast research literature knows understands this as ABC level awareness.

Far from being fixated on just tobacco tax, those working in tobacco control in Australia from the 1970s have fought (and won) a multitude of policy battles that in total have greatly increased consumer agency and profoundly changed social norms about smoking. Here are some highlights:

  • Four generations of pack health warnings starting in 1973, all resisted tooth and nail by the industry, with a fifth due for introduction in July this year
  • Bans introduced between 1973 and ‘76 of advertising of cigarettes on TV and radio, later extended to cinemas, and in print media in 1989 and the internet in 2010
  • Total bans on advertising and promotion on billboards, outside shops, on public transport vehicles and shelters and throughout all sponsorship of sport and the arts
  • Complete indoor workplace smoking bans, including on all public transport,  and in all restaurants, clubs, bars and pubs. Workplace bans reduce number of cigarettes smoked over 24 hours and were responsible for about 22% of the total decline in tobacco consumption in Australia between 1988-1995 when they were being introduced
  • Mandatory smoke-free zones in shopping malls, children’s playgrounds and between the flags on beaches
  • Unique among all general retail products, retail display bans (all stock kept out-of-sight)
  • Introduction of world-leading and emulated mass reach public education programs in every state and territory and nationally
  • Globally unique plain tobacco packaging commenced in Australian in 2012, starting a global domino effect that now sees 24 nations having implemented or legislated for their introduction, with more on the way. The industry invested massively to stop this, but always lost
  • end of all tobacco growing in Australia (this let the air out of the industry’s tyres to lobby via growers in the few electorates where tobacco was once grown)
  • end of all tobacco manufacturing (BAT and Philip Morris products are all now imported). This benefits tobacco control because there’s now negligible local industry employment and all profits are repatriated, a disbenefit to the balance of trade and therefore an incentive for governments to reduce smoking further)
  • world’s highest retail price of tobacco led by tax policy and the industry using tax rises as air cover to raise their own margins
  • ban on personal importation of cigarettes by mail
  • Import duty free limit of 25 cigarettes in an open pack
  • An end to misleading product names and additives that make cigarettes more palatable to children (due for introduction from July 2025)
  • The Liberal, Labor and Greens parties all refuse tobacco industry donations, unique among all industries
  • No university allows staff to accept tobacco industry grants or students to take scholarships
  • Only far right fringe of politics would ever be seen in a photo opportunity with tobacco or vaping interests.
  • Big Tobacco has long ranked (way) last as the industry with the lowest reputation (see chart below)
  • Widespread denormalization of smoking
  • The industry understands that all the above make it an unattractive employment choice which creates staff quality problems

Like Jegasothy now, I worked in the University of Sydney’s School of Public Health for several lengthy periods from 1977. I helped write and teach units of study in the first year in the first Masters of Public Health in the southern hemisphere and spent 17 years editing the BMJ’s specialist Tobacco Control journal from its 1992 launch. I’ve never met Ed and am unaware of any contribution he has made to tobacco control other than through his efforts to critique tobacco tax.

Criticism is a sacred duty of scholarship, but so is collegiality and constructiveness. Regardless of how much of a role taxes have played in reducing smoking in Australia, cutting them now would undoubtedly increase smoking, particularly so among young people and the most disadvantaged Australians. This is why every player with financial skin in the game is piling on to  attack excise taxes.

Informed specific investigation of ways of actually reducing illicit trade in tobacco are the global focus of a huge amount of scholarship and collaborative work. It is an immensely sticky problem. No party with any standing, track record or credibility calls for the same response that those invested in having as many as possible smoking support tax cuts.

Australia has pioneered the regulation and sale of a large and diverse list of both useful and harmful consumer goods. Firearms, prescription medicines, asbestos, unleaded petrol, vehicle and consumer safety standards are several examples.  We have an enviable track record and matching outstanding global ranking on health vital statistics. No nation has ever eliminated  illegal tobacco, but many are now watching how current efforts will progress.

Smoking is fast becoming extinct in Australia but spare us from hare-brained extremist policies

10 Friday Jan 2025

Posted by Simon Chapman AO in Blog

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Tags

health, movies, smoking, tobacco, vaping

Population-focussed tobacco control in Australia has seen smoking prevalence fall to its lowest ever levels for both adults and teenagers. Teenage smoking is all but extinct – an amazing achievement. This has been driven by 50 years of successful public health advocacy for policies, legislation and campaigns increasing public and political awareness intended to foment declines in smoking. Since the 1970s in Australia, there has been no advocated tobacco control policy that has failed to be taken up by governments. The tobacco industry has lost every battle it fought. All cigarette factories have closed and you seldom see anyone smoking in the street. Smoking is a pale shadow of what it was 40 years ago.

Sitting astride all of this has been the continual and progressive denormalization of both smoking and the tobacco industry. Ninety percent of smokers regret ever starting. There’s no product whose users are so disloyal. All political parties except the hillbilly Nationals refuse to accept tobacco industry donations and would rather be photographed with the Grim Reaper than be seen enjoying  tobacco industry hospitality.

But over the 45 years I’ve worked in tobacco control, I’ve lost count of the number of times people have assumed I would want to give my support to some truly loopy and sometimes unethical policies. Four leap out. I’ll briefly outline the first three, then go to town on the why the fourth – censorship of films showing people smoking – is the mothership of muddled thinking, indeed stupidity.

1: Got some new way to quit? Sign me up!

Many assumed that I would want to rush to embrace and recommend almost any agent or process intended to help smokers quit. Rarely did a month pass when I was not contacted by a breathless enthusiast for some new purported breakthrough. These included any new way of consuming nicotine other than smoking (I’m still waiting for nicotine suppositories, but surely it can’t be long); any new drug; any complementary procedure maximally accompanied by soothing, holistic placebo-enhancing mumbo-jumbo and eye-watering costs for consumers; any “professional” intervention featuring the nostrums of doctors, nurses, pharmacists, psychologists and counsellors in clinical, group, on-line or app settings.

A  piece I wrote 40 years ago in the Lancet (“Stop smoking clinics: a case for their abandonment” see pp154 here)  set out why well-intended dedicated quit smoking centres were distractions from the main goal of reducing smoking across whole populations. They were never going to make any serious contribution to reducing smoking nationally because smoking was so widespread and interest in attending such clinics so low, that impossibly massive numbers of clinics would need to open for them to make a difference.

In 2009, again in the Lancet,  I proposed the “inverse impact law of smoking cessation” which states “the volume of research and effort devoted to professionally and pharmacologically mediated cessation is in inverse proportion to that examining how ex-smokers actually quit. Research on cessation is dominated by ever-finely tuned accounts of how smokers can be encouraged to do anything but go it alone when trying to quit―exactly opposite of how a very large majority of ex-smokers succeeded.”

I then quantified this with a look at how research on quitting had become overwhelmingly focussed on assisted quitting, with research into unassisted quitting far less common. This was truly bizarre given that no one disputes that the most common way of quitting used in final successful quit attempts has always been to do it cold turkey.  So why not learn more about that and shout it from the rooftops?

My contributions caused apoplexy and multi-signatured condemnations from those who had tethered their career sails to assisting smokers. My 2022 book Quit smoking weapons of mass distraction looked in depth at why professional smoking cessation was dominated by the tiny “tail” of treatments, while the large “dog” of real world unassisted quitting was often denigrated by tobacco treatment professionals and the pharmaceutical industry, for obvious self-interested reasons.

2. The smoker-free workplace

A second perennial bad idea proposed that employers should be allowed to reject applicants (for any job) who smoked, even if they were completely agreeable with smokefree workplace policy and did not want to take divisive “smoking breaks” not available to non-smokers. Henry Ford pioneered early workplace smoking bans in his car factories  (see photo below) But a century on, some were now arguing that even  if workers smoked entirely in the privacy of their own life, employers could threaten them with unemployment because they smoked.

I made a case against this nonsense in 2005.

Two arguments were typically used by advocates for this policy

1: employers’ rights to optimise their selection of staff (smokers are likely to take more sick leave and breaks)

2: enlightened paternalism (‘‘tough love’’).

The first argument fails because while it is true that smokers as a class are less productive through their absences, many smokers do not take extra sick leave or smoking breaks. By the same probabilistic logic, employers might just as well refuse to hire younger women because they might get pregnant and take maternity leave, and later take more time off than men to look after sick children. Good luck with that argument!

But what about paternalism? There are some acts where governments decide that the exercise of freewill is so dangerous that individuals should be protected from their poor risk judgements. Mandatory seat belt and motorcycle crash helmets are good examples.

It was argued that the threat of ‘‘quit or reduce your chances of employment’’ was founded on similar paternalism. I think the comparison is questionable.

Seat belt and helmet laws represent relatively trivial intrusions on liberty and cannot be compared with demands to stop smoking, something that some smokers would wish to continue doing. By the same paternalist precepts, employers might consult insurance company premiums on all dangerous leisure activity, draw up a check list and interrogate employees as to whether they engaged in dangerous sports, rode motorcycles, or even voted conservative!

Many would find this an odious development that diminished tolerance. There is not much of a step from arguing that smokers should not be employed (in anything but tobacco companies where perhaps it should  be mandatory?), to arguing that they should be prosecuted for their own good.

3. Finish the job … ban smoking in all outdoor public areas

When the evidence mounted in the early 1980s that breathing other people’s smoke was not just unpleasant to many but could cause deadly diseases like lung cancer, bans on smoking followed in enclosed areas like public transport, workplaces and eventually the “last bastions” of ignoring occupational health: in  bars, pubs and clubs.

Some in tobacco control then excitedly began to argue “why stop now? Let’s extend bans to even wide-open spaces like parks, beaches and streets.” The teensy-weensy problem here was that all the evidence on breathing other people’s smoke being harmful came from studies of long-term exposure in homes and workplaces. There was almost no evidence that fleeting exposures of the sort you get when a smoker passes you in the street is measurably harmful.

So banning smoking in wide-open outdoor spaces was not a policy anchored in evidence about health risks to others.

Accordingly, I advocated for smoking prisoners to be allowed to smoke in outdoor areas, for ambulatory patients and their visitors to be able to smoke in hospital grounds if they chose to and for smoking to be allowed in streets.  When I was a staff elected fellow of my university’s governing Senate, I voted against a (failed proposal) for a total campus ban on smoking in favour of having small dedicated outdoor smoking areas (see photo).  I set out my concerns in these papers, here, here and here.

This marked me as a heretic for some. But as I argued in one of these “I have had heated discussions with some colleagues about this who are triumphant that the proposed ban [on smoking in prisons] will help many smoking prisoners quit. I agree that it will, and that is a good thing. But so would incarcerating non-criminal smokers on an island and depriving them of cigarettes. We don’t do that not just because we can’t, but because it would be wrong. The ethical test of a policy is not just that it will “work”. In societies which value freedom, we only rarely agree to paternalistic policies which have the sole purpose of saving people from harming themselves if they are not harming others.”

4. Ban smoking in movies, or slap them with box-office killing R-ratings

But true peak silliness in tobacco control advocacy  arrived when a small number of people began arguing for all movies which depicted smoking to be either banned, or more commonly, slapped with R (18 and over) classifications, known to severely  reduce box office receipts. This threat would see most film producers order their directors to impose on-screen smoking bans.

I first flashed bright amber lights on this idea in 2008. With a US co-author, I followed up with four arguments  against this proposal in this PLoS Medicine paper and this response to criticism that followed. Much of our paper was hypercritical of research that purports to show that there is a strong association between kids seeing smoking in movies and their subsequent smoking. Some – including even the World Health Organization – even tried to extrapolate attributable fraction estimates of the number of deaths down the track that this exposure would cause down the track in what was an uncritical orgy of highly confounded leaping from simple associations to causal statements. The huge number of assumptions and uninhibited reductionist reasoning in this exercise was quite extraordinary.

The main problem here was that when characters smoke in films, they do not just smoke: they bring to their roles a constellation of other attributes that are likely to be deeply attractive to youth at-risk of smoking.

As we wrote: “Teenagers select movies because of a wide range of anticipated attractions gleaned from friends, trailers, and publicity about the cast, genre (action, sci-fi, teen romance, teen gross-out/black humour, survival, sports, super hero, fantasy, and so on), action sequences, special effects, and soundtrack. It is likely that youth at risk for current or future smoking self-select to watch certain kinds of movies. These movies may well contain more scenes of smoking than the genres of movies they avoid (say, parental-approved “family friendly,” wholesome fare like the Narnia Chronicles or Shrek).

Teenagers at risk of smoking are also at higher risk for other risky behaviors and comorbidities. They thus are likely to be attracted to movies promising content that would concern their parents: rebelliousness, drinking, sexual activity, or petty crime. … Movie selection by those at risk of smoking is thus highly relevant to understanding what it might be that characterizes the association between young smokers having seen many such movies and their subsequent smoking. Movie smoking may be largely artifactual to the wider attraction that those at risk of smoking have to certain genres of films. These studies rarely consider this rather obvious possibility, being preoccupied with counting only smoking in the films.

By assuming that seeing smoking in movies is causal, rather than simply a marker of movie preferences that have more smoking in them than the movie preferences of those less at risk, authors fail to consider problems of specificity in the independent variable (movies with “smoking”). It may be just as valid to argue that preferences for certain kinds of movies are predictive of smoking. The putative “dose response” relationships reported may be nothing more than reporting that youth who go on to smoke are those who see a lot of movies where smoking occurs, among many other unaccounted things.”

All this was silly enough, but where the silliness became weapons-grade in its over-reach was the way in which some in public health didn’t hesitate to decide  they had every right to start urging that governments should censor movies (and presumably theatre, books, art, smoking musical performers) which showed smoking.

We wrote:

“most fundamentally, we are concerned about the assumption that advocates for any cause should feel it reasonable that the state should regulate cultural products like movies, books, art, and theatre in the service of their issue. We believe that many citizens and politicians who would otherwise give unequivocal support to important tobacco control policies would not wish to be associated with efforts to effectively censor movies other than to prevent commercial product placement by the tobacco industry.

The role of film in open societies involves far more than being simply a means to mass communicate healthy role models. Many movies depict social problems and people behaving badly and smoking in movies mirrors the prevalence of smoking in populations. Except in authoritarian nations with state-controlled media, the role of cinema and literature is not only to promote overtly prosocial or health “oughts” but to have people also reflect on what “is” in society. This includes many disturbing, antisocial, dangerous, and unhealthy realities and possibilities. Filmmakers often depict highly socially undesirable activities such as racial hatred, injustice and vilification, violence and crime. It would be ridiculously simplistic to assume that by showing something most would regard as undesirable, a filmmaker’s purpose was always to endorse such activity. Children’s moral development and health decision-making occurs in ways far more complex than being fed a continuous diet of wholesome role models. Many would deeply resent a view of movies that assumed they were nothing more than the equivalent of religious or moral instruction, to be controlled by those inhabiting the same values.

The reductio ad absurdum of arguments to prevent children ever seeing smoking in movies would be to stop children seeing smoking anywhere.”

Despotic and fundamentalist religious governments have huge appetites for censorship (think North Korea and Afghanistan under the Taliban). But in the west, there is a long and often disturbing queue of single-issue advocates who would wish to see greater state intervention in cultural expression. Precedents for such doors to be opened should be treated with great caution. If scenes of smoking should be kept from childrens’ eyes, why stop there?

The slippery slope is today well-oiled in the USA where in a growing number of Republican states a large range of books are being removed from school libraries at the behest of Christian family-values activists.

The Google Trends graph below shows that globally the debate about R-rating smoking in movies had a massive rush-of-blood from 2004-2009, with attention waning in the years since.  Advocates for censorship and R-rating have succeeded in several national and global agencies endorsing their calls. But significantly, no nation has legislated to R-rate smoking films.

Even if they did, as far back as 2004,  81% of under 18s were allowed by their parents to view R-rated movies in the USA occasionally, some or all of the time. With all the myriad ways available today to view movies on-line, via downloads, movie swapping and piracy, any thoughts that R-rating would achieve anything look increasingly absurd.

The Tobacco In Australia website has a very thorough section on all the debating points relevant to the whole issue.

Google Trends “smoking in movies” 10 Jan, 2023: 2004-present, worldwide

“Why did you get into this work?” 40 years in tobacco control

27 Wednesday Nov 2024

Posted by Simon Chapman AO in Blog

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Tags

bigtobacco, health, smoking, tobacco, vaping

Across my career, I’ve often been asked by media interviewers “What got you involved in the sort of work you do? What drives you to keep at it?” Depending on who’s asking, there’s an occasional edge to the questions presaging that a little probing will lift the lid on a deep moralistic busybody, driven by a barely disguised missionary zeal to lead sinful smokers off the pernicious path of self-destruction and into a wholesome life of glistening health.

In the 1970s, when I first started working in health, I’d sometimes sense the same assumptions in people I talked to at parties. When they asked “what do you do?” and I answered that I worked in tobacco control, I’d often sense the hesitancy: he probably doesn’t drink. Never smoked dope. No chance of any fun or sex with this guy. He probably thinks the music’s too loud. Steer well clear.

Early anti-smoking efforts in the years before strong evidence rolled out in the early1950s that smoking was deadly were deeply mired in puritanism and ideas that the body was a temple from which the devil and his work had to be driven out. The evils of drink, smoking, masturbation, temptresses and reading novels travelled together in a morals crusade that extoled abstention from fun and pleasure. Purse-lipped temperance groups picketing pubs, jokes about Methodists who eschewed dancing and the rest, and the way that smoking and under-age drinking were pretty reliable markers of kids who were often more edgy and interesting than their heads-down classmates all coalesced in those early days to make any mention of tobacco control a tad suspect.

When the Niagara of evidence became undeniable that smoking was out on its own as a cause of disease affecting almost every part of the body, the moralists’ chorus was joined by doctors and health authorities who had long also brought us warnings about other dangers that we were thankful to receive. Just as no-one thinks of a lifesaver at the beach warning about sharks or dangerous rips as a moralist or killjoy, the overwhelming evidence that smoking was harmful radically changed the complexion of anti-smoking efforts. This became ethically turbo-charged when strong evidence emerged that chronic exposure to other people’s tobacco smoke was also deadly.

Seventy four years along from these early studies, research has repeatedly confirmed that around 90% of smokers regret ever starting. While some die-hard smokers still want to trot out their favourite talismanic self-exempting beliefs (“plenty of people smoke all their lives and don’t die early”, “everything’s bad for you these days”, “what about all the air pollution we breathe on every day?”, “I keep fit, so get the nasty stuff out of my system”), and some insist that smoking is pleasurable, most smokers today are reluctant, embarrassed and apologetic. A huge majority have tried to quit and I’ve never met a smoker who hoped their children would take it up. There are few — if any — products with such a near-universal disloyalty and resentment among their consumers.

Most occupations and professions don’t attract the sort of questioning I described earlier. I can’t imagine ever saying to an accountant “so what was it that got you interested in accounting when you started?” or asking a dry cleaner “you’ve been doing this for 35 years … can I ask what the fascination is?” We mainly assume that it’s the money, the security and comfortable routine, inertia and the quality of working environments that keeps people in their jobs or attracts them into something else.

We don’t think to ask surgeons or oncologists why they do what they do. It’s obvious that people likely to die from cancer often desperately want to try and avoid that happening, or give themselves some extra time. But it’s also obvious that most people need little convincing that prevention is as, or more important than curing or treating. Yet while the thought of people railing against the work of lung cancer surgeons is unthinkable, all across my career I’ve seen bizarre and sad little pro-smoking and more recently pro-vaping groups form, flutter and fade and heard smokers calling radio programs to whine about feeling under siege.

The “explain yourself” imperative is generally reserved for those who choose to do odd, anti-social, demanding, revolting, seamy or dangerous work: undertakers, midnight to dawn radio hosts, sex workers, plumbers who wade in raw sewage, skyscraper window cleaners. With daily smoking prevalence in Australia down to 8.4%, and 90% of smokers regretting ever having started and often highly supportive of polices that might help them smoke less or quit, we are looking at a mere 0.8% of the adult population who are contented  and committed smokers, with even a smaller proportion of these actively railing against tobacco control. Fringe political parties in Australia which have sometimes run candidates have received derisory public support.

So when I’m occasionally asked the “why?” question these days, that perspective on the likely attitudes of those listening to the interview (it’s usually on radio) guides my response. I’m never tempted to try and repudiate the time-warped, neo-puritanical framing of the question as if it’s a serious, widespread critique. Instead, I steer the conversation over to considering the importance of and challenges in hobbling and discrediting the upstream well-heeled forces that keep promoting smoking and doing all they can to defeat, dilute and delay effective tobacco control policies capable of reducing smoking on a wide scale.

I’ve worked in public health since late 1974. I’ve focussed on a range of issues that extend from tobacco control, gun control, helping people better understand the risks and benefits of adopting (or avoiding) certain medical procedures such as having prostate specific antigen test or getting immunised) or avoiding (or not) exposure to allegedly “dangerous” technology like mobile phones and transmission towers and wind turbines.

The common thread in most of these issues are the efforts of industries, lobby groups and determined, often obsessed individuals to thwart evidence-based public health policy and practice which threatens these industries or the cult-like belief systems of people who eat, live and breathe hatred of a public health strategy. This hatred has a very long history (see below).

A classic analytical matrix in public health (Haddon’s matrix) is the epidemiological triad that was first applied to the effort to understand and then better control road injury and later infectious and vector-borne diseases like cholera and malaria: the agent, host, environment and vector matrix.

In the control of malaria, we put a lot of effort into understanding the agent that causes the disease, the five types of plasmodium parasite that multiply in human red blood cells of humans and in the mosquito intestine. Agent control involves efforts to develop a vaccine which would prevent a person being bitten by a mosquito carrying the parasite from developing malaria. One such vaccine first passed human trials in 2017, possibly indicating a revolution in efforts to control this terrible disease.

Those who are infected with the plasmodium parasite are known as “hosts”. Here, control efforts are concerned with educating those who live in areas where malaria is endemic to take efforts to protect themselves from being bitten by covering-up at times when they are most likely to be bitten, wearing repellent, using insecticides and being diligent about destroying or spraying mosquito breeding water like that which collects inside old tyres, cans, and water storage. These breeding areas are known as the “environments” that need to be mapped, inspected and controlled. A wider definition of environments would embrace considerations of the cultural, economic and political environments in endemic malaria areas. If local health authorities had no funds to support malaria control, this would be importantly identified in a malaria control analysis and efforts taken to raise such funding and support.

Finally, the female anopheles mosquito is known as the “vector” responsible for the plasmodium parasite agent entering the bloodstream of hosts. Vector control starts with studying the life-course and behaviour of these insects in attempts to wreck their efforts to bite people.

Big Tobacco: the global vector for lung cancer

In tobacco control, the vector whose every waking moment is concerned with maximising the number of smokers (hosts) who consume tobacco (the agent) is the tobacco industry. So a large part of my work across 40 years has been involved in exposing and shaming the industry, its acolytes and those in politics who take its donations and hospitality, oppose or water down potent legislation and collude with its ambitions to keep as many people smoking as possible.

The “what has kept you going in this issue all these years” question is easily answered in two ways. First, smoking rates in both adults and kids are at all-time lows, and showing no signs of not falling even further. Lung cancer, a rare disease at the beginning of the twentieth century, rose to become the leading cause of cancer death by the 1960s. But in Australia, male lung cancer rates stopped rising in the early 1980s and have continued to fall, some 30 years after we first saw large-scale quitting happening about the huge publicity was given to the bad news about health. Female lung cancer rates look to have plateaued at a level that makes their peak just a few years ago reach only half the peak rates that men reached over 30 years ago.

Continually falling disease and death rates from tobacco caused diseases have made tobacco control the poster child of chronic disease control, envied by people working today in areas like obesity and diabetes control. It’s been such a privilege to have contributed to many of the major policy developments that have happened since the 1970s: advertising bans, the highest priced cigarettes in the world, large scale quit campaigns, smoke free legislation in workplaces, bars and restaurants, plain packaging, graphic health warnings on packs, bans on retail displays of tobacco products, and a duty free limit of just one pack.

Second, the mendacity of those working in the tobacco industry throughout my career has strongly motivated me to keep hard at it. In the decades before the evidence on tobacco’s harms were established, anyone working for the tobacco industry might have as easily been working for any industry. They were selling a product with strong demand and surrounded by convivial social rituals. The companies employed many people and contributed to communities via sponsorships and benefaction. What was not to like?

But with the advent of the bad news, the industry rapidly descended into decades of the very worst of corporate malfeasance. Those who stayed with the industry or came into it did so with their eyes wide open about what they were being rewarded to do every day and so were open game to account for their actions and the consequences. In the face of all they now knew, the industry doubled down. It conspired with other companies to deny the harms, it lied that nicotine was not addictive, shredded oceans of incriminatory internal documents, corrupted science through tame consultants and scientists, bribed politicians, promoted pro-smoking doctors to the media, donated to political parties likely to support its goals, bought up community support via vast sponsorship of national and international sport and culture, chemically manipulated cigarettes to make then more addictive, researched and targeted children in its advertising and promotions, relentlessly attacked any tobacco control proposal that threatened in any way to harm its bottom-line, cynically supported limp tobacco control policies that it knew were useless but made it look good, and supplied products to agents known to be involved in illicit, black market trade while unctuously railing against that trade in public, posturing as good corporate citizens.

The industry has long been peerless in occupying the tawdry throne of corporate ethical bottom feeders. This popular and political understanding is now so pervasive that its conduct has become an almost universal comparator for corporate pariah status. Big Tobacco is the index case here.  If you google “just like the tobacco industry” you will be deluged by a rogues’ gallery of other industries that have lost public trust. The industry acknowledges that it today has serious trouble attracting quality staff.

Shining 10,000 watt arc lights on that conduct has been of immense importance to tobacco control. It is rare today to find a politician is who happy share a photo opportunity with any tobacco company. When I interviewed Australia’s former health minister and attorney general, Nicola Roxon, for my book (with Becky Freeman) about Australia’s historic adoption of plain packaging, she emphasised that “everyone hates the tobacco industry” and that this understanding had steeled the government to proceed and  brace against the industry’s best efforts to defeat the legislation. That public revulsion did not develop out of nowhere – it was an important enabling objective for many of us in tobacco control in our advocacy for policy change.

All companies today are engaged in high profile rebirthing displays where they openly acknowledge that smoking is deadly and argue that they want to do all they can to encourage smokers and future smokers to switch to electronic vapourised nicotine products like e-cigarettes. After around 12 years of widespread use, they have declared that consensus already exists that these products are all but totally benign. More and more authoritative reviews of the evidence on this show this consensus is very far from the case and that they are far from magic bullets or “Kodak moment” game changers in helping smokers quit.

While spokespeople working down one corridor of tobacco companies extol the virtues of these new products and megaphone the transformational role they will play in the tobacco industry, those working elsewhere in the building continue to do all they can to attack proposals for effective tobacco control policies and legislation wherever they can. In recent years all the major companies have mounted huge efforts to try and stop plain packaging, graphic health warnings, increased tobacco taxation, retail display bans, and flavour bans. If they really wanted to see an end to smoking, they would aggressively advocate for all these policies. So go figure.

This blatant duplicity is stomach-churning. The industry’s clear goal is to not have its customers abandon cigarettes and use e-cigarettes instead. It is to have these customers use both products (known as dual use), to tempt former smokers back into nicotine addiction and to reassure teenagers that these allegedly safe as you can get products hold none of the threats that smoking holds. They cannot believe their luck.

The evidence is mounting that this scenario is exactly the way things are playing out. E-cigarette users are in fact less likely to quit than smokers not using them. And dual use is the most common pattern of use, often lasting years.

Every single policy in tobacco control that has ever been advocated by those of us working in this field around the world has been adopted in many nations. In Australia, the tobacco industry has lost every policy battle it ever fought. As a result, we have been able to get where we have in dramatically reducing smoking to the lowest levels ever recorded. Teenage smoking is almost extinct in Australia and several other nations. These are fantastic outcomes.

Are smoking and vaping now endangered public sights?

30 Wednesday Oct 2024

Posted by Simon Chapman AO in Blog

≈ 1 Comment

Tags

e-cigarettes, smoking, sydney, vaping

Only 8.4% (and falling) of Australians over 18 years now smoke daily. Just three percent (also falling) of senior high school students at least smoke weekly, a similar situation that exists in the USA, the UK  and Canada. A recent editorial in the American Journal of Public Health stated “By any measure, youth smoking [in the USA] has nearly ceased to exist”.

Smoking has long been banned in Australia on all public transport, in indoor workplaces including bars, clubs and restaurants, many stadiums and an increasing number of outdoor café dining and coffee areas do not allow smoking. The map below shows a tiny percentages of Australian homes allow smoking inside.

Proportion of non-smokers who report living in a household where: a smoker smokes inside the home; a smoker smokes outside the home; or there is no smoker in the household, 2019, by state/territory. Source

Some local governments have banned smoking in outdoor shopping malls. Smoke-free stadiums are now commonplace. I went to an open-air night time Paul Kelly concert 10 years ago at Taronga Park Zoo where stage announcements directed smokers to go to a section way up the back and away from the crowd. I took a look and it was empty.

In 2008, I co-authored a highly accessed and cited paper on markers of the denormalisation of smoking and the tobacco industry. In it we catalogued a wide range of ways that the identity of smokers has been spoiled from the days when smoking was considered convivial, sophisticated and dripping with the multitude of positive semiotic signification purposefully bestowed upon it by marketing, advertising and smart packaging. In 1992, the single most common feature sought by those advertising for housemates was being a non-smoker. In 2004, only 2% of people using Australia’s largest dating site declared they were smokers.

Denormalisation works ‘‘to change the broad social norms around using tobacco—to push tobacco use out of the charmed circle of normal, desirable practice to being an abnormal practice’’. When smoking loses its public and political charm, when most people don’t smoke, when 90% of remaining smokers regret ever having started and when parents who hope their kids will grow up to smoke are as rare as rocking horse shit, governments know they have a huge mandate to introduce policies that will drive it down, as has been happening since the 1970s.

Rise and fall of vaping?

Over the last few years, I’ve often heard people remark that they seldom see people smoking these days. In recent years vaping seemed to be something we saw much more often, mostly because of the ostentatious look-at-me clouding plumes and the frantic rapid hand-to-mouth frequency of puffing. But after October 1, 2024 when the Commonwealth government outlawed vaping sales from anywhere but pharmacies, vape prices skyrocketed and many small illegal retailers have likely been understandably fearful of the large fines. Many “recreational” vapers may have reduced or stopped smoking. I pass 22 tobacconists and “convenience stores” on my daily walk. Last week I saw not a single customer in any of them on four walks.

No airline allows vaping on board, and train stations make regular announcements warning about platform vaping being banned. Most Australian governments have banned the use of vapes in all areas where smoking is not allowed by law.

So the last bastions of public smoking and vaping today remain some open air spaces like streets, parks, beaches.  But how often now do we even see smoking and vaping these days? Curious about this, for three consecutive mornings this week I set out to count how many people I saw smoking or vaping while I walked through two inner west suburbs.

On each of the three walks, I walked around 12,000 steps from around 7.45am -10am.  I wanted to quantify a strong impression that we don’t often see people smoking or vaping in public these days.

In each hand I carried a thumb-click mechanical digital counter. One for people smoking or vaping and the other for people not doing so (see photo below).

My route took me through the hipsterville shop, restaurant and café high streets of Enmore and Newtown at a time when many were on their way to work, waiting at bus stops, entering Newtown railway  precinct, having their morning coffee or like me, walking for exercise. Those with nicotine dependence can often be seen dosing before getting on trains and buses and lighting up immediately on alighting. So I spent 30 minutes counting commuters entering and leaving Newtown station, wanting to include what I predicted might be a visibly higher rate of smoking or vaping there.

It’s easy to see someone smoking. They are either actively drawing on a cigarette or holding one in their hand or lips. Vaping is similarly easy to spot, although if someone is hiding a vape in a closed hand or keeping it in a pocket between pulls, this would cause underestimates of its prevalence.

But I was not trying to estimate smoking or vaping prevalence. My objective was to try and count the prevalence of actual smoking and vaping in an outdoor setting in the way that an ordinary person might observe people around them as they moved normally on their passage through streets. I was not in any way trying to count smokers and vapers (so including those who might have vapes in their pockets), but rather active smoking and vaping.  Where I came to a situation where a group of people were gathered such as at pedestrian crossing or a bus stop, I stopped too, to carefully check each person I could see. I did not count children in school uniform on the way to school, or infants with parents.

In total I saw 3529 people over the three days observations. Of these, just 38 (1.1%) were smoking.  I saw just 3 (0.09%) people vaping. Only one was smoking at a table outside a café. Those smoking or vaping were so scarce that some small patterns could be discerned. With few exceptions, those smoking looked 70+. There were two spots on my route where I saw at least one smoker on each day. Some at those spots were also begging for change.  Of the very few younger people (teens, 20s) who were smoking, nearly all had “attitude” (goths, punks). Several were south and east Asian men.

These data are only a street epidemiological snapshot of what was happening in two Sydney suburbs on three (sunny) mornings across two hours. But the daily percentages were very similar. My thumb clicking the “not smoking” counter risked giving me repetitive strain injury, while my thumb recording smoking and vaping nearly went to sleep. Smoking and vaping have not vanished from public sight, but they both look decidedly endangered.   

I’m planning to gather the same data across different locations and at different times to see if there is a range.

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